Term & Conditions

This Website contains copyrighted material, trademarks and other proprietary information that are protected under intellectual property rights of the United States, and other international laws and conventions. The intellectual property that the Company includes this Website, along with any text, source code,  software, scripts, databases, photos, graphics, videos, music, sound, and any other elements or functionality contained therein (the “Content”). The Content is protected by copyright under the United States copyright laws, as well as analogous laws and international conventions. By using the Website, you agree not to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. You may download, print, and/or save the Content for personal, non-commercial use only. Except as otherwise expressly stated under applicable copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Content without the express permission of the Company or the copyright owner is permitted. In addition, the Content may include various items subject to trademark or trade dress protection.

The Website and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to the Company’s website design and other related trade dress.

The content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.

You further agree not to reproduce, duplicate or copy any content from the Website without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.

 

CONTRIBUTIONS TO THE WEBSITE

The Website may allow you to add user generated content to the Website through blogs, posts, forums, comments, message boards, reviews, or other similar functionality (collectively, a “User Contribution”). Any content, data or information that is uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Website by you include, but are not limited to text, articles, comments, messages, forum postings, files, text, images, photographs, videos clips, sounds, data or any other information or data transmissible over the Internet. The Website includes any area or online resource that the user has access to and/or where the user has the ability to upload, share, submit, post, transmit, email, send or otherwise make available any content to the Website, Company computer servers or to the Company itself.

By uploading, sharing, submitting, posting, transmitting, emailing, sending  or otherwise making available to the Website any information, data or content that is deemed a User Contribution by the Company in its sole discretion, you automatically grant to the Company and its officers, directors, employees, subsidiaries, partners, and affiliates, a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, fully paid, worldwide license to use, copy, publicly perform, host, display, distribute, sell, resell, reformat, adapt, enhance, edit, translate, store, modify or reproduce from, any User Contribution, and to prepare derivative works of, or incorporate into other works in any medium now in existence or hereinafter developed without restriction for any purpose including commercial purposes without any compensation to you, and to grant and authorize sublicenses of the foregoing without any acknowledgement or compensation to you. You further grant each other User of the Website a limited, personal, non-transferrable, royalty-free, irrevocable, perpetual, non-exclusive, fully paid, worldwide license to view, access, download, print, or otherwise use your User Contribution for their own personal, non-commercial purposes.

You shall be solely responsible for your own User Contributions and the consequences of submitting and publishing of any User Contribution to the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish each User Contribution that you submit to the Website, and that any User Contribution you make does not infringe any intellectual property rights held by any third party. You understand that the Company does not guarantee any confidentiality with respect to any User Contribution that you make to the Website. Company has no obligation to screen, monitor, delete or remove any User Contribution that anyone may consider objectionable or inaccurate. User Contributions are third party opinions only, and do not reflect or otherwise represent the views of the Company or its officers, directors, employees, agents, subsidiaries or affiliates. You agree that you shall be solely liable for any damage resulting from any User Contribution, and shall hold the Company and its officers, directors, employees, agents, subsidiaries and affiliates harmless from any liability incurred from any User Contribution that you make.

The Company does not endorse any User Contribution, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with each User Contribution, individually or collectively. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Company will remove all content if properly notified that any User Contribution infringes on another's intellectual property rights. The Company reserves the right to remove any User Contribution without prior notice. >>In addition, you automatically grant the Company and its officers, directors, employees, subsidiaries, partners, and affiliates, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to generate any revenue from your User Contribution by any means now in existence or hereinafter developed including, but not limited to advertising, subscriptions, display, publication, periodicals and promotions without any acknowledgement or compensation to you. By accepting the terms of this Agreement, you expressly agree and acknowledge that you shall not be entitled to any compensation whatsoever nor shall you share in any revenue generated by any activities or usage of the Website, by any content uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Website by you at any time or by the Company itself, or by any User Contribution you make to the Website.

 

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF AND RELIANCE ON THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, OR AFFILIATES WARRANT THAT THE WEBSITE OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, DATA, OR OTHER CONTENT DISPLAYED ON THE WEBSITE. THE WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE WEBSITE, COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED OR OTHERWISE SOLD THROUGH THE WEBSITE, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THIS WEBSITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE WEBSITE NOR THE COMPANY ARE A LAW FIRM OR A LAWYER REFERRAL SERVICE. YOU UNDERSTAND, REPRESENT AND WARRANT THAT THE WEBSITE AND THE COMPANY DO NOT PROVIDE LEGAL ADVICE.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT, ANY USER CONTRIBUTION, AND OTHER INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO ANY CLAIMS FOR LOST REVENUE, LOST PROFITS, OR LOST DATA ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, OR AFFILIATES IN CONNECTION WITH THE USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THIS WEBSITE OR BY THE COMPANY EXCEED THE PRICE PAID FOR THE PRODUCT OR THE SERVICE THAT IS THE BASIS FOR THE CLAIM, IF ANY. THE LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY EVEN IF THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

 

DISPUTE RESOLUTION

EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY.  By using this Website, purchasing any Product or Service through the Website or from the Company, or by entering into this Agreement, the parties agree that either you or the Company may elect to resolve any claim, dispute, or controversy between you and the Company (or any of its officers, directors, owners, employees, agents, subsidiaries or affiliates) arising out of, relating to, or connected in any way with this Agreement, the Website, your use of the Website, or your use of any Product or Service purchased through the Website or from the Company, by final and binding arbitration administered by the American Arbitration Association (“AAA”), which shall be conducted before three arbitrators pursuant to the then-current Commercial Rules and Procedures established by AAA (“Rules and Procedures”). The parties agree that any such arbitration shall be held in the AAA location nearest to Chicago, Illinois or at such other location as may be mutually agreed upon by you and the Company. You irrevocably waive any objection to such venue, including without limitation obligations based on an inconvenient forum. The arbitrator shall apply the laws of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Notwithstanding anything to the contrary, you and the Company agree that the foregoing arbitration provision shall not apply to any disputes arising from or regarding (i) intellectual property rights; (ii) theft, piracy or unauthorized use; (iii) or any claim for temporary or permanent injunctive relief. You may reject the arbitration provision by sending the Company written notice of such rejection within 45 days after your assent to this Agreement.

In addition, you agree and understand that: (i) there shall be no authority for any claims to be litigated or arbitrated on a class or representative basis; (ii) that any litigation or arbitration will decide only the individual claims between you and the Company; and (iii) the judge or arbitrators may not consolidate or join the claims of other persons or parties who may be similarly situated. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any part of this class action waiver is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

You agree that any claim against the Company arising out of this Agreement, your use of the Website, or any products or services offered by or sold through the Website or otherwise purchased from the Company, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought  within one (1) year of the date you knew or should of known of the breach, act or failure to act or failure to act by the Company, but not longer than two (2) years from the date the breach, act or failure to act by the Company.

If the Company employs attorneys to enforce any rights arising out of or relating to this Agreement or to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. In the event that you bring any claims against the Company that are ultimately unsuccessful, you agree to reimburse the Company for any attorneys’ fees incurred in connection with the defense of the unsuccessful claims brought by you. In the event that the Company brings any action against you to enforce any provision or right under this Agreement, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.

 

THIRD PARTY WEBSITES

The Website contains links to third party websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such third party websites. We expressly disclaim any representations regarding the content or accuracy of materials on such third party websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Company or any of its officers, directors, owners, employees, agents, subsidiaries and affiliates from and against any and all liability, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property or privacy right; or (iv) your use of Products or Services purchased by you through this Website.

 

TERMINATION

The Company may deny you access to this Website at any time in its sole discretion, without any prior notice to you. Without limiting the foregoing, the Company shall have the right to immediately suspend, terminate and/or delete any of your passwords or accounts in the event the Company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event the Company believes that you are in breach of this Agreement. Notwithstanding the above, the terms of this Agreement shall survive any such termination or denial of access. If the Company terminates your access to the Website for any reason, you are prohibited from creating a new account on the Website in an effort to circumvent such termination. The Company reserves the right to block any IP address from accessing the Website to assist in enforcing any termination of access from the Website.

 

MISCELLANEOUS TERMS

This Agreement constitutes the entire agreement between you and the Company regarding use of the Website. The failure of the Company to exercise or enforce any right or remedy provided under this Agreement shall not constitute a waiver of any such right or remedy. The section headings used herein are for convenience only and shall be of no legal force or effect. The provisions of this Agreement apply equally to and are for the benefit of the Company, its officers, directors, employees, agents, subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. The parties intend and expect this Agreement to be enforced to the fullest extent permitted by law. If any term, clause or part of this Agreement shall be determined by any arbitration panel or court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.  Moreover, if any provision contained in this Agreement shall be held to be excessively broad or unenforceable, such provision shall be construed as limiting and reducing it so as to be enforceable to the maximum extent allowed by law.

 

This Agreement was last updated on March 28, 2019.

Questions about the Terms of Use should be sent to Earth Etch at support@earthetch.com.

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